Sonter v R [2018] NSWCCA 228

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sonter v R [2018] NSWCCA 228 Hearing dates: 12 September 2018 Date of orders: 19 October 2018 Decision date: 19 October 2018 Before: Leeming JA at [1] McCallum J at [2] Bellew J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – Sentence – Appeal – Where sentence was accumulated on existing sentence served following a revocation of parole – Whether sentencing judge erred in imposing a non-parole period of 77.2% of the total effective sentence as opposed to 75% – Whether the sentencing judge failed to consider totality – Whether sentencing judge was required to give reasons for the imposition of a non-parole period greater than 75% of the total sentence – Where sentencing judge specifically referred to the need to have regard to totality – Where sentencing judge was aware of the relevant custodial history – Where there had been an exchange between the sentencing judge and counsel regarding the commencement date of any sentence to be imposed – Clear inference that the non-parole period which was imposed was intended – No error established – Appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Calhoun (a pseudonym) v R [2018] NSWCCA 150 GP v R [2017] NSWCCA 200 McKittrick v R [2014] NSWCCA 128 R v Simpson (1992) 61 A Crim R 58 Stoeski v R [2014] NSWCCA 161 SZ v R [2007] NSWCCA 19 Tuivaga v R [2015] NSWCCA 145 Category: Principal judgment Parties: Michael John Sonter – Applicant Regina – Respondent Representation: Counsel: S Healy – Applicant C Curtis – Respondent